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YOUNG v. BERGMAN

24 A.D.2d 889 (1965)

Edwin Young et al., Appellants, v. Roberta B. Bergman, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 15, 1965

Judgment modified on the facts by striking therefrom the last two decretal paragraphs providing for the dismissal of the complaint and by substituting therefor a decretal paragraph granting a new trial. As so modified, judgment affirmed, without costs.

In our opinion, defendant's motion to set aside the verdict should have been granted, but a new trial should also have been ordered. The jury's verdict was against the weight of the evidence.

Hill

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